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1981 Supreme(P&H) 141

S.P.GOYAL, J.V.GUPTA, S.S.SANDHAWALIA
Niranjan Kaur – Appellant
Versus
Nirbigan Kaur – Respondent


Judgment

J.V.GUPTA, J.

1. The following question has, on a reference by me, sitting singly, come up for decision by this Full Bench.

"Where the plaintiff, who is a party to a document relating to the agricultural land, files a suit for its cancellation or for declaring it voidable against him, is such a suit governed by Sec. 7 (iv) (c) or article 1. Schedule I of the Court-fees Act?"

As the decision of this question will conclude both Civil Revision Petitions Nos. 1011 and 1012 of 1980, which have been referred on a common question of law, this judgment will dispose of both of them.

2. The brief facts, giving rise to this reference, are that the plaintiff-petitioner filed a suit for possession of agricultural land measuring 25 bighas and 6 biswas on the allegations that she was the owner thereof. She owned land and due to old age, she could not manage her property and, therefore, she appointed the father of the defendant-respondent, who is her nephew, as her general attorney vide deed D/- July 25, 1969, with a right to him to manage, sell or mortgage her property. The father of the defendant-respondent used to get various documents signed by her as she was dependent upon him. On acc
























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